Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Proceedings for review are not by way of an appeal and have to be strictly confined to the scope and ambit of O.47.R.1 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 372 - - Dishonour of cheque - Acquittal - Special leave to appeal - Appellant is complainant as well as victim - Availability of efficacious alternative remedy by way of statutory appeal under proviso to S.372 Cr.P.C. before Sessions Court - Held, special leave to prefer an appeal..........
Civil Procedure Code, 1908, Section 35A -- Costs - Suit was contested on totally false and untenable defence and was fully loaded with the attitude of being vexatious - Appeal of defendant liable to be dismissed with exemplary costs - Plaintiff awarded costs throughout in addition to special costs of Rs.25,000/-...........
Criminal Procedure Code, 1973, Section 51(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Conviction - Validity - Polythene bag containing 17 vials of brown sugar recovered from blouse of accused woman - Evidence of male prosecution witnesses shows that accused was taken to corner of building by lady head constable where her..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application should be decided along with appeal and cannot be taken up independently without taking up the appeal...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise of - Held, inherent jurisdiction u/s.482 Cr.P.C. has to be exercised sparingly, carefully and with caution - Extra ordinary power u/s.482 Cr.P.C. should not be resorted to like remedy of appeal or revision - Such power can be exercised only when no other remedy is available to litigant and not..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 27 -- Appeal - Order of remand - Validity - Held, right of remand is an exceptional right and before exercising it, it is mandatory for appellate Court to examine materials available - In present case, appellate Court discussed issues framed but avoided to examine them and altogether framed another issues and remanded..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 418, 468, 471 -- Forgery - Acquittal - Validity - When sale deed in dispute was executed, respondent/accused was not present at that time - Nothing on record to show that she was instrumental in obtaining and attesting sale deed - None of the witnesses have stated that respondent/accused had..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Held, power of review is to be exercised in limited circumstances and that too as per mandate of O.47 - Remedy available in shape of review cannot be allowed to be a masquerade appeal...........
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Interference with in writ jurisdiction - Held, power to grant bail by Sessions Judge is a discretionary power - Such power should not be arbitrarily used - However, if Sessions Judge, on perusal of materials comes to conclusion that it is a fit case where bail should be..........
